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imported post

thecalifornian wrote:

He saw the gun on the table and told us to get down and arrested me for unlawfully carrying a loaded firearm within city limits.

Sounds to me that the cop made a bad arrest. You weren't carrying it, holding or brandishing it, and you're on private property. The police had no probable cause to be there so the search is fruit of the poisonous tree. I am not a lawyer.

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...SNIP
Does anyone have any good suggestions for fighting this charge? Or know anyone that would be good to help me out?

Get a lawyer YESTERDAY, and do not speak to the police or post more details here without consulting the lawyer first.

"Research has shown that a 230 grain lead pellet placed just behind the ear at 850 FPS results in a permanent cure for violent criminal behavior.""If you are not getting Flak, you are not over the target""186,000 Miles per second! ... Not just a good idea ... It's the law!"

imported post

nakedshoplifter wrote:

Sounds to me that the cop made a bad arrest. You weren't carrying it, holding or brandishing it, and you're on private property. The police had no probable cause to be there so the search is fruit of the poisonous tree. I am not a lawyer.

It does sound pretty bogus (the charge that is), but that's for the courts to decide, not us. thecalifornian, I'd really like to hear how this turns out, but only after you cet out of court.

To many people seem to forget that whole "anything you say can and will be held against you" extends to the internet.

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FogRider wrote:

nakedshoplifter wrote:

Sounds to me that the cop made a bad arrest. You weren't carrying it, holding or brandishing it, and you're on private property. The police had no probable cause to be there so the search is fruit of the poisonous tree. I am not a lawyer.

It does sound pretty bogus (the charge that is), but that's for the courts to decide, not us. thecalifornian, I'd really like to hear how this turns out, but only after you cet out of court.

To many people seem to forget that whole "anything you say can and will be held against you" extends to the internet.

+1000

I do not want to discourage you from posting here on OTHER subjects, and you are certainly welcome here. But while I am very interested to hear more on this situation, PLEASE FOR YOUR OWN GOOD, don't say any more until after you clear this up. It could really damage your case.

"Research has shown that a 230 grain lead pellet placed just behind the ear at 850 FPS results in a permanent cure for violent criminal behavior.""If you are not getting Flak, you are not over the target""186,000 Miles per second! ... Not just a good idea ... It's the law!"

imported post

There is however loaded. Either way it is a misdemeanor and will cost about $5K retainer for a decent lawyer.

Remember the following.

12031 that defines loaded:

12031. (a) (1) A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.

Code:

(h) Nothing in this section shall prevent any person engaged in any lawful business, including a nonprofit organization, or any
officer, employee, or agent authorized by that person for lawful
purposes connected with that business, from having a loaded firearm
within the person's place of business, or any person in lawful
possession of private property from having a loaded firearm on that
property.
(l) Nothing in this section shall prevent any person from having a loaded weapon, if it is otherwise lawful, at his or her place of residence, including any temporary residence or campsite.

I don't know the circumstances surrounding your case, but it does also state clearly that 12031 which is the PC loaded that you basically have to be in a prohibited area. As you can see above your home, business or private property you are allowed to have loaded. HOWEVER, I need to research the case law, but there is case law however to say that even if it is private property it can still be considered a public place and therefore not exempt.

I disagree with the interpretation as the PC clearly differentiates between a public place and private property, and that might be a good case for a good lawyer.

imported post

nakedshoplifter wrote:

thecalifornian wrote:

He saw the gun on the table and told us to get down and arrested me for unlawfully carrying a loaded firearm within city limits.

Sounds to me that the cop made a bad arrest. You weren't carrying it, holding or brandishing it, and you're on private property. The police had no probable cause to be there so the search is fruit of the poisonous tree. I am not a lawyer.

imported post

Mike wrote:

nakedshoplifter wrote:

thecalifornian wrote:

He saw the gun on the table and told us to get down and arrested me for unlawfully carrying a loaded firearm within city limits.

Sounds to me that the cop made a bad arrest. You weren't carrying it, holding or brandishing it, and you're on private property. The police had no probable cause to be there so the search is fruit of the poisonous tree. I am not a lawyer.

I have a thread about it in California section...but in essence, since the PC spells out that it is illegal to have it loaded in a public place and provides an exemption for private property owned by the person that they would be exempt.

So far no one has supported with case law what defines private place, so this argument may change once someone can produce that. I don't know how to look up case law, or else I would myself. It seems to me that the intent was to mean any public place OTHER than private property, otherwise it would have been defined differently.

imported post

In commiefornia, the laws here are mind boggling. If your private property is not surrounded by a tall fence with a locked gate and razorwire around the top such that a passerby could "wander" onto your property without having to circumvent a fence or a wall or other barrier that a reasonable and prudent person would view as being placed there to prevent the public from accessing it, that area could be deemed a "public place" in that there is nothing to prevent the public from casually accessing it. I am not a lawyer, and I don't know the law on this, but I suspect that the powers that be in THIS republik will deem that area a "public place." If a kid on a bicycle could use it as a shortcut, then it probably wouldn't be deemed "private" place, since a kid on a bicycle cannot accidentally take a shortcut through your bedroom or bathroom, which WOULD be deemed "private place." I'm just guessing here, but I don't think I'm far off.

imported post

So then with the law of California, if the night prior some police came and knocked down my door so that is was no longer there...

And the following day a stranger saw that there was no door entered my home it could be considered a public place because there was nothing preventing the public from gaining access....

Well there is that whole thing about police not being able to create their own exingencies.

I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

If I am equal to another, how can I legitimately govern him without his express individual consent?

There is no human being on earth I hate so much I would actually vote to inflict government upon him.